Were you injured by a dog bite in California?
Los Angeles personal injury attorney David Woolf will fight for the highest financial award possible in your case.
Below, David answers your frequently-asked-questions:
- 1. A dog just bit me – what do I do?
- 2. Am I eligible to sue?
- 3. What people can I sue?
- 4. What money can I expect to get?
- 5. Can I get punitive damages?
- 6. How soon do I have to file suit after a dog bite?
- 7. Does California follow the one-bite rule?
- 8. Can I press criminal charges as well?
- 9. Will the dog be euthanized?
- 10. Why should I hire an attorney?
1. A dog just bit me – what do I do?
If you were the victim of a dog attack, follow these five steps:
- Get medical help for any injuries, especially if there is a chance the dog was rabid.
- Take photographs and video of your injuries, the accident scene, and of the dog if possible. And write down everything that you remember that happened.
- Get the names and contact information of any eyewitnesses of the attack.
- Report the canine bite to your county health officer.
- Reach out to a personal injury lawyer right away.
2. Am I eligible to sue?
Dog bite victims should be eligible to file a lawsuit unless either:
- the victim provoked the canine;
- the victim was trespassing at the time; and/or
- the dog was protecting its owner in self-defense
Dog bite victims should consult with an attorney to determine whether they have grounds to sue. Even victims who are partially to blame may still be able to recover some money damages.
3. What people can I sue?
The primary defendant in dog bite cases is the dog’s owner. If the dog was being walked or cared for by another person at the time of the attack, that person could be liable as well. In rare cases, the veterinarian who last treated the dog may also be liable if the vet’s malpractice caused the dog to become aggressive.
4. What money can I expect to get?
The majority of personal injury claims resolve through negotiation and not a trial. A skilled dog bite attorney will aim for a large enough settlement of compensatory damages to pay for the victim’s:
- Medical bills, including hospital stays, clinic appointments, home health care, drugs, physical therapy, psychological counseling, etc.;
- Lost wages from being unable to work;
- Lost earning capacity if the injury disabled the victim;
- Scarring and disfigurement;
- Loss of use of a limb; and/or
- Pain and suffering, including the trauma of being attacked by an animal
5. Can I get punitive damages?
Punitive damages are available only if the plaintiff (victim) wins at trial and if the court finds that the owner or handler acted with malice. An example would be ordering the dog to attack without a justifiable reason (such as self-defense).
California law does not cap the amount of punitive damages that a court can award. So it can potentially be much higher than compensatory damages.
6. How soon do I have to file suit after a dog bite?
California’s statute of limitations to bring a lawsuit is usually two years after the injury. Victims who wait longer to file a claim may automatically get their case dismissed.
7. Does California follow the one-bite rule?
No. Dog bite victims who file a lawsuit do not have to prove that the dog had a history of biting or dangerous behavior. They can still recover monetary damages even if the victim’s bite was the only time the dog turned violent.
8. Can I press criminal charges as well?
Dog bite victims are free to file a police report, but that is no guarantee that prosecutors will choose to bring criminal charges. If they do, the dog owner or handler may face charges for such crimes as creating a public nuisance or failing to control a dangerous animal.
9. Will the dog be euthanized?
Biting dogs are typically not put down unless they have bitten people on two separate occasions. And there is a hearing first to determine whether euthanasia is necessary.
10. Why should I hire an attorney?
Bringing a lawsuit is an extremely complex process, and having an experienced personal injury attorney at the helm increases the odds of winning. Plus, dog bite victims should not have to worry about playing lawyer when they should be concentrating on recovering. Having an attorney to manage all the grunt work lets victims return to their daily life as soon as possible.
Also, victims in personal injury cases usually receive bigger settlements when they have their own attorney advocating for them. Insurance defense firms take advantage of unrepresented plaintiffs by making low offers or threatening to counter-sue. But when there is an experienced personal injury lawyer running the show, the other side’s defense team is more likely to cooperate.